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Planners urge quicker Judicial Review

04 November 2013

In its reply to the Government consultation Judicial Review: further proposals for reform, the Royal Town Planning Institute pressed for quicker judicial review for planning cases through the more efficient case management and the creation of a specialist Land and Planning Chamber. The proposals apply to England and Wales.

The RTPI, which represents 23,000 planners working in the private, public, education and charity sectors and is the largest institute of planners in Europe, also strongly opposed the proposal to restrict who is able to bring a judicial review (the test for standing).

The RTPI strongly opposes the proposal to restrict who is able to bring a judicial review.

Trudi Elliott CBE, Chief Executive of the RTPI, said: “The Government is right to be concerned about the delay judicial reviews can cause and their impact on proper decision making. But as the consultation makes clear and is reflected in the experience of the planning profession, the bulk of the delay occurs once a case has been submitted. We urge building on the planning fast approach.

In respect of planning cases the RTPI believes that the most impact can be achieved through improvements to the operation of the system and the separation of planning and associated cases out from the bulk of primarily immigration cases. Proper systems and case management are critical.

The planning system like the judicial system relies upon openness transparency, public faith in the impartiality and fairness of the system, good evidence and timeliness. Judicial review is a critical check on the power of the State, providing an effective mechanism for challenging the decisions, acts or omissions of public bodies to ensure that they are lawful. There is no evidence in the consultation to justify the blanket restriction of some types of claimants. The RTPI strongly opposes the proposal to restrict who is able to bring a judicial review.”

  • The RTPI’s full consultation response can be seen here. [pdf]

The consultation, Judicial Review: further proposals for reform, closed on 1 November.